Mike Comrie, Hillary Duff's estranged husband, is filing for joint custody of their 3 year old son, Luca after Duff sought primary custody of their son after filing for divorce last February.

The separation that started out as an amicable agreement might be a little messy after all. Lucas is only factor that both former couples both have contention, since they already evenly divided their assets according to the pre-nup contract, Us magazine reports.

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Since Comrie was entangled in the controversy of trying to harass a waitress in Mastro's, a Beverly Hills restaurant by throwing money at her while intoxicated. A day following the incident, the 'Lizzie McGuire' star filed for divorce.

Duff used this as a solid basis for requesting sole custody of Luca.

The 'Younger' star was concerned about her estranged husband's reckless partying ways.

"Hillary realized that Mike wasn't going to change," said a source close to Duff, who also explained that Comrie wasted his second chance with Duff and he pursued a life of living like a single man.

As for Duff, no bitter words were spat towards her estranged husband. Even the divorce filing was a very calm occurrence, without a lot of media involved in dishing the further details of the divorce.

Duff stated that the marriage didn't work well enough for them to last long, according to an interview with Cosmopolitan Magazine.

She further added that the trials, which happened in the last part of her marriage were not enough to keep them strong but it was a series of realizations that they were definitely not meant for each other.

Duff emphasized that despite the fact that their marriage will come to an end when the divorce will be finalized, she is still grateful for Comrie for being there for during their marriage.

The 28 year old actress also hinted that this experience made her grow into a better person and how both of them grew to handle this difficult situation in a more mature way.

TagsMike Comrie, Hillary Duff, joint custody, son